Second Paragraph. The Party affected by the event of Higher Power commits itself to either adopt all the measures that may be at its reach to overcome the effects resulting from the Higher Power that upset the fulfillment of its obligations or mitigate the extension of these effect with a view on the fulfillment, even if partial, of its obligations in the terms of this Contract. Third Paragraph- Having ceased the event of Higher Power, the Party that had been affected by such must communicate the fact to the other Party in the deadline of 24 (twenty-four) hours, through written notification, and retake immediately the fulfillment of the affected obligations in the terms of this Contract.
Second Paragraph. The Parties may disclose the Confidential Information to an Affiliate, without prior written authorization from the other party. In this last case, prior to disclosing the Confidential Information, the Party must obtain a written commitment of strict confidentiality and non-disclosure, ensuring at least the same guarantees regarding preservation of the confidentiality of the Confidential Information as those contained in this Agreement. For that purpose, an “Affiliate” shall be understood as any company or legal person in which the Parties hold an interest equivalent or in excess of 50% or any company or legal person with an interest equivalent or in excess of 50% in any of the Parties, or any legal person that: (a) directly or indirectly controls any of the Parties; (b) is directly or indirectly controlled by the same legal person controlling any of the Parties; or (c) is directly or indirectly controlled by any of the Parties. For the purposes of this clause, “Control” shall mean holding, directly or indirectly, an interest of more than 50% of voting shares that allow a person or entity to prevail in any decisions made by the shareholders meeting and especially in electing directors. The Parties shall be responsible for ensuring that persons or entities mentioned above maintain the Confidential Information in absolute reserve and do not disclose, sell, exchange or in any way transfer said information. Each Party shall be liable for direct damages caused to the other party and/or its Affiliates, as a direct consequence of breaching the obligation of confidentiality agreed herein. The Confidential Information shall remain the property of each of the Parties, and the may request it be returned at any time, notifying the other Party in writing. Within five (5) calendar days of receiving said notifications, the Party shall return all originals, copies and written or electronic reproductions and shall be formally requested to destroy the Confidential information to whom the previously described information was disclosed. The Parties represent and guarantee that they have the right and authority to disclose the Confidential Information to the other Party. The Confidential Information disclosed under the terms of this Agreement is the best information available to the Parties, and therefore they do not guarantee, expressly or implicitly, the quality, precision or integrity of the Confidential Information revealed, a condition that is known and accepted by the Pa...
Second Paragraph. The billing corresponding to the reactive electric power and the reactive power requirements, established to exist by means of appropriate measurements, and which is in excess of the amounts allowed by the reference electric power factor established by the Granting Authority shall be computed by using the criteria made available by the laws in effect.
Second Paragraph. On the first business day subsequent to the month of supply, CHESF shall send, and the CUSTOMER shall accept a copy of the original collection document either through fax or through another safe electronic means as agreed between the PARTIES, with the purpose to render the payment process faster, and CHESF pledges to forward the initial collection document until 12:00 hours of the maturity date of the Invoice/Electric Power Xxxx.
Second Paragraph. The second paragraph of the Rights Agreement is hereby amended by adding “, the Termination Date” immediately after “Redemption Date” in both places where that defined term appears in such paragraph.
Second Paragraph. The amounts due by BRASILAGRO to BRENCO, as fine, may be offset from the payments due by BRENCO to BRASILAGRO for the sugarcane supply herein agreed. The amounts due by BRENCO, as fine, shall be paid together with the sugarcane invoicing immediately subsequent to the concerned event.